Malaysia Guaranteed Their ‘Welfare And Human Rights’, So Malaysia Now Obligated To Independently Verify That 10,000 Returned To Myanmar’s Welfare And Rights Are Protected As Promised – NOT Been Tortured, Arrested, Prosecuted Or Suffered Forced Conscription Into The Army

 

Media Statement – 8/10/2026

Malaysia Guaranteed Their ‘Welfare And Human Rights’, So Malaysia Now Obligated To Independently Verify That 10,000 Returned To Myanmar’s Welfare And Rights Are Protected As Promised – NOT  Been Tortured, Arrested, Prosecuted Or Suffered Forced Conscription Into The Army

United Nations and many others claim violation of human rights and international law, also violation of non-refoulement obligations by Malaysia

Prime Minister Anwar Ibrahim told Parliament that those being repatriated must agree to return voluntarily and sign their consent without coercion. "Otherwise, we cannot guarantee their welfare and human rights.” (NST, 7/10/2026).

Was the GUARANTEE sincere of a false promise?

That GUARANTEE now needs to be independently confirmed, not blindly trusting words of Myanmar’s military-backed leader and president, Min Aung Hlaing or the Myanmar government.

Have any of the 10,000 sent back to Myanmar been arrested, tortured, prosecuted or even forcefully conscripted into the army that today is still fighting the minority ethnic groups and the pro-democracy forces led by National Unity Government (NUG)? Or are they all safely at home, and their welfare and human rights as guaranteed by Malaysia?

This GUARANTEE, if false or lies, also goes directly to the alleged consent allegedly given by those sent back to Myanmar.

Was the Malaysian Guarantee a mere deception or lie to just get ‘consent’ of those Malaysia wanted to send back?  

To date, Malaysia is yet to confirm that all 10,000 sent back (including refugees) are all SAFE. Giving a guarantee creates a binding duty to fulfill the promised obligation.

Not 1,473 but 10,000 send back in 2026

MADPET (Malaysians Against Death  Penalty and Torture) is also SHOCKED by recent revelation by the Prime Minister where ‘Anwar clarified that the 1,400 referred to the latest group repatriated by sea, while more than 10,000 Myanmar nationals had been returned since January…"Under our agreement so far, we have said that Myanmar nationals are to be repatriated, whether they are from the Arakan, Karen, Shan or Rohingya ethnic groups," he [Prime Minister Anwar Ibrahim] said during the Prime Minister's Question Time. (NST, 7/10/2026).

What Malaysia did is most ‘dangerous’ because the Burman/Brama majority ethnic group government is still in active conflict, including armed conflict, with the ethnic minority groups like Shan, Karen, Rakhine (Arakanese), Mon, Chin, Kachin and Kareni. Since the military coup in 2021, the Myanmar government is also in war with pro-democracy forces of The National Unity Government (NUG), a shadow government in Myanmar formed by ousted lawmakers to oppose the military junta.

Note that even on 29/9/2026, the Myanmar government military airstrike on riverside commercial hub in Kyauktaw town in western Rakhine state on Monday killed around 50 persons, including "innocent passersby, market vendors, shoppers and cargo loaders" France24, 29/9/2026

NO sending back refugees when the conflict is ongoing

JUSTLY, Malaysia should never have sent back those from Arakan, Karen, Shan or Rohingya ethnic groups, or any ethnic groups where conflicts/war still exist. It is against international law, and certainly in violation of the United Nations Declaration of Human Rights and other UN instruments.

Under international law, countries cannot send refugees back to places where their lives or freedom are in danger due to war or ongoing conflict. Thus, even if the Myanmar regime assures Malaysia, it cannot justify Malaysia’s return of Myanmar refugees/asylum seeker to Myanmar.

The Malaysian Bar, in a statement issued on 10/8/2026, highlighted the case of AAA v Secretary of State for the Home Department (2023), the United Kingdom Supreme Court unanimously struck down an arrangement to transfer asylum-seekers, finding that diplomatic assurances cannot override the receiving State’s (Rwanda, in that case) poor human rights record and its history of non-compliance with international obligations, concluding that there were substantial grounds to believe asylum-seekers transferred would face a real risk of refoulement.

Similarity to Palestine

As the return of Palestinian Refugees from countries back to Zionist Israel Government, including illegally occupied territories is WRONG, so too should no refugees or asylum seekers be sent back to Myanmar.

Like Zionist Israel regime, the Myanmar regime is similar, and Malaysia must be consistent on its position on Human Rights.

ALLEGATION of violation of International Law and United Nations principles

The Human Rights Commission of Malaysia (SUHAKAM) has urged the government to halt any further repatriation of Myanmar refugees. It said it was customary international law that refugees should not be returned to their home country if they face a real risk of persecution, torture or other serious harm.

“Being a principle of customary international law, this principle binds all states regardless of whether or not they are parties to the Refugee Convention. This means that Malaysia, although not a party to the Refugee Convention, is bound to adhere to this principle. “Hence, Malaysia is prohibited by international law from repatriating any refugee or asylum seeker to Myanmar if there is a reasonable risk that their life or freedom will be threatened on account of their race, religion, nationality, membership of a particular social group or political opinion. “Any violation of this cardinal principle is a violation of international law,” the commission said in a statement. (FMT, 1/10/2026)

The United Nations (UN) has sharply criticised Malaysia's push to return migrants to Myanmar under an opaque scheme it says cannot guarantee safe homecomings to the war-torn nation. (Bangkok Post, 5/10/2026)

On 6/10/2026, 23 Groups from all over the world, including MADPET, also called on Malaysia to immediately STOP sending back to Myanmar most likely refugees and/or asylum seekers including stateless Rohingya, which is a gross violation of Human Rights and international law. They join many others with similar calls.

However, Malaysia remains adamant about stopping, based on Prime Minister’s statement in Malaysian Parliament  – thus MORE are at risk of being sent back to Myanmar.

Malaysia taking a human rights position on Refugees?

Worse, Malaysia, as reported on 27/7/2026, Malaysia has asked the U.N. refugee ‌agency to temporarily stop registering new refugees in the country.  Deputy Foreign Affairs Minister Lukanisman Awang Sauni said the suspension would enable the government to implement ​its own refugee registration programme, known as the DPP, which it launched in January. (Reuters, 23/7/2026)

There was hope that Malaysia’s Refugee identification and registration programe(DPP) which started on 1/1/2026 was the first step towards Malaysia’s legal recognition and protection of refugees and asylum seekers, whereby the Malaysian government also talked about allowing refugees to work in Malaysia.

However, to date. no LAW was enacted recognizing refugees, and Malaysia’s Immigration Act that still does not recognize refugees and asylum seekers as persons legally allowed to be in Malaysia.

Now, the Immigration Act still only recognizes foreign national with visas/permits to stay and work legally, do business or enter Malaysia as tourists. The law needs to be amended to recognize refugees and asylum seekers as having the right to LEGALLY be present in Malaysia, and until this is done, refugees or asylum are still at risk being arrested, convicted and even WHIPPED by reason of committing the crime of being illegally in Malaysia.

We recall the words of Prime Minister Anwar Ibrahim at the 78th Session of The United Nations General Assembly on 22 September 2023, where he said, ‘We are deeply horrified by the continued post- coup violence and instability in Myanmar...The barbarism and depravity inflicted upon the people of Myanmar is indefensible, and goes against the values and principles shared by the peoples in the region and globally.’(Website of the Prime Minister’s Department)

Malaysia had always had a strong principled stance on Human Rights and against the violations by the Myanmar regime, but now despite the ongoing injustice, Malaysia maybe violating human rights. It is shocking that the red carpet has been rolled out for Myanmar's junta chief-turned-president Min Aung Hlaing(Reuters, 7/10/2026). Is this the right treatment that should be accorded to a leader of a nation that is still committing human rights violations?

Note that the Myanmar regime has caused the deaths of more than 100,000, and displacement of over 750,000 Rohingya. The International Court of Justice (ICJ) concluded oral hearings on the merits in the genocide case The Gambia v. Myanmar in January 2026 and is currently deliberating its final decision, including whether Myanmar is guilty of crime of GENOCIDE.

Thus, MADPET calls on

a)     Malaysia to forthwith immediately verify that all those 10,000 repatriated who consented in reliance of Malaysia’s GUARANTEE or assurance that their welfare and human rights will be protected when they return to Myanmar are really getting what was promised. An independent verification with those sent back is BEST – and not merely reliance of Myanmar’s regimes assurances or representations;

 

b)     Malaysia to forthwith STOP any sending back of persons from Myanmar, noting the still ongoing conflict and the fact that Myanmar still do not recognize Rohingya as citizens;

 

c)     Malaysia forthwith ensure that the CONSENT, allegedly given by those send back by Malaysia, was a free consent, and to this end, ensure that in the future that the Human Rights Commission of Malaysia (SUHAKAM) or some independent body can verify that CONSENT was freely given by those Malaysia intends to send back to Myanmar;

 

d)     Malaysia enact laws that recognize refugees or asylum seekers as persons that are legally in Malaysia, removing the risk of wrongful arrest, detention, conviction or being whipped;

 

e)     Malaysia to respect HUMAN RIGHTS and international law, and review its position on Myanmar in light of the ongoing injustices and violations of human rights;

 

f)      Malaysia to RESPECT Human Rights and Justice, and never do anything that are in violation of International Law and the United Nations Declaration of Human Rights, where in Article 14 states that ‘Everyone has the right to seek and to enjoy in other countries asylum from persecution.’

 

Charles Hector

For and on behalf of MADPET (Malaysians Against Death Penalty and Torture)